RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02144
            INDEX CODE 128.00
            COUNSEL:  None

            HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be enrolled in the Montgomery GI Bill (MGIB) and made  eligible  to
receive the Enlisted College Loan Repayment Program (ECLRP).

[Note:  The applicant was administratively granted  the  ECLRP  -  See
Statement of Facts below.]
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given untrue information  at  basic  military  training  (BMT),
specifically that the MGIB could not be used for a  doctorate  and  he
had to disenroll in order to get ECLRP.  His records do not reflect an
interest in ECLRP because he entered BMT with the intention of getting
the MGIB.  He already had Bachelors and Masters degrees and wanted  to
obtain his Doctorate.  He has pursued this for two years,  finding  it
impossible to get a  statement  from  his  recruiter  and/or  training
instructor admitting to a  mistake.   He  understands  he  must  serve
another four years.

The applicant’s complete submission, with attachment, is at Exhibit A.


_________________________________________________________________

STATEMENT OF FACTS:

With the signing of the Fiscal Year 1985 (FY85) Authorization Act, the
MGIB (Title 38, USC, Chapter 30) became effective  on  1 Jul  85.   It
provides benefits for a variety of education  and  training  programs.
Provided the Department of Veterans Affairs (DVA) approves the use  of
the benefits, there are no limitations  on  the  types  of  courses  a
student may take.  MGIB benefits must be used within  10  years  of  a
member’s honorable discharge from active duty.  The law stipulates all
eligible individuals are  automatically  enrolled  in  the  MGIB  upon
entering active duty and are given a one-time opportunity to disenroll
should they desire not to participate  in  the  program.   Individuals
desiring to disenroll must do so within 14 calendar days and  sign  DD
Form 2366, MGIB Act of 1984, Basic Enrollment, under the statement  “I
do not desire to participate in the MGIB.  I understand  that  I  will
not be able to enroll at a later date.”

ECLRP, Title 10, USC, Section 2171, is an enlistment incentive that is
a contractual agreement.  Specific promises of performance by the  Air
Force and the member for ECLRP  consideration  are  contained  in  the
contractual agreement annexed to the enlistment contract.  Eligibility
for ECLRP is determined by Air Force Recruiting Services at the time a
member enlists into the Air Force.  Members are required to  establish
eligibility for ECLRP prior to entry on active duty by  providing  all
loan  promissory  notes,  obtaining  student  loan   deferments,   and
verifying eligible loans are not in default prior to a member’s  entry
on active duty.  The law authorizes the ECLRP to repay  six  types  of
federally insured college loans.  ECLRP pays one-third, or  $3,333.33,
whichever is less, each year for three years.  The first ECLRP payment
occurs on the first year anniversary of a  member’s  enlistment.   The
maximum repayment is $10,000.00, less federal income tax.

A  member  cannot  receive  benefits  from  both  the  ECLRP  and  the
Montgomery GI Bill (MGIB) on one term  of  service.   To  obtain  both
benefits, an individual must qualify for ECLRP upon enlistment and not
waive their MGIB benefits.  Further, a member must enlist for a second
term in order to receive MGIB benefits.  Essentially,  when  a  member
signs up for both programs, the ECLRP benefit is paid first,  followed
by the MGIB benefit during the second or subsequent enlistment.  If  a
member does not fulfill a second or subsequent enlistment, he forfeits
the loan monies.  The MGIB benefit  is  the  only  veterans  education
assistance program after discharge from active duty.

The applicant incurred a student loan on 9 Dec  00  for  approximately
$58,035.  He enlisted in the Regular Air  Force  on  4 Jun  01  for  a
period of four years.  His enlistment  contract  did  not  include  an
addendum approving ECLRP benefits.  On 20 Jun 04, the applicant waived
enrollment in the MGIB, acknowledging on DD Form 2366  that  he  would
not be able to enroll at a later date.

On  26  Jul  04,  HQ  AFPC/DPPAE  advised  the  applicant   they   had
administratively amended his enlisted contract to qualify him for  the
ECLRP.  The applicant enlisted for  a  second  term  and  has  already
received three payments towards his loan for the maximum ECLRP benefit
of $10,000.

On 31 Aug 04, HQ FPC/DPPAT requested the  applicant  provide  evidence
showing he was provided “untrue”  information  at  BMT  regarding  the
MGIB.  The applicant did not respond.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAT advised they contacted Mr.  A--  at  the  737  TRSS/TSDC
Curriculum Development, requesting a response or  evidence  supporting
the applicant’s allegation that he  received  “untrue  information  at
basic training.”  Mr. A-- provided a detailed response  in  an  email,
which DPPAT attached rather than paraphrased.  Mr. A--  also  included
copies of the materials provided to the  applicant  and  the  Plan  of
Instruction.  The applicant provided no evidence to  substantiate  his
claim of incorrect information being provided  at  BMT.   He  did  not
respond to their 31 Aug 04  letter  requesting  supporting  materials.
Granting the applicant’s request would violate Title 38, USC,  Chapter
30, Section 3011.  The MGIB briefing conducted at BMT is designed  and
controlled to prevent  such  errors  alleged  by  the  applicant.   He
submits no evidence supporting his claim,  and  his  record  does  not
support his claim.  Therefore, denial is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 22 Oct 04 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  We note the applicant  has  been
administratively made  eligible  for  the  ECLRP  and  has,  in  fact,
received the maximum payment.  Therefore, the only issue remaining for
this Board’s consideration  pertains  to  MGIB  enrollment.   After  a
thorough  review  of  the  evidence  of  record  and  the  applicant’s
submission, we are  not  persuaded  he  should  be  enrolled  in  this
program.  The applicant waived enrollment in the MGIB on 20 Jun 04 and
acknowledged he would not be able to enroll at a  later  date.   While
his contentions of untrue information are duly noted, we do  not  find
these uncorroborated assertions, in and  by  themselves,  sufficiently
persuasive to override the rationale provided by the Air  Force.   The
in-depth response from Mr. A-- and the comprehensiveness of  the  MGIB
materials briefed at BMT appears to indicate  enlistees  are  provided
valid information regarding educational benefits.  The  applicant  has
not  demonstrated  otherwise.   We  therefore  adopt   the   rationale
expressed as the basis for our decision that he has not sustained  his
burden of having suffered either an error or an injustice.  In view of
the above and absent persuasive evidence to the contrary, we  conclude
this appeal should be denied.

4.    The applicant’s case is adequately documented  and  it  has  not
been shown that a personal appearance with  or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 8 December 2004 under the provisions of  AFI  36-
2603:

                 Ms. Martha J. Evans, Panel Chair
                 Mr. Alan A. Blomgren, Member
                 Mr. Michael J. Novel, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-02144 was considered:

   Exhibit A.  DD Form 149, dated 10 Jun 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAT, dated 14 Oct 04, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.




                                   MARTHA J. EVANS
                                   Panel Chair